Tag Archives: 08-15-2012

Island voters headed to the polls Aug. 14 to mark ballots for partisan candidates in county, state and federal races.

The following results are for Manatee County’s 113 reporting precincts.

In a universal primary contest, winner take all, voters re-elected Manatee County Sheriff Brad Steube with a 78 percent vote of confidence over challenger Bill Waldron, who garnered 21 percent of the vote.

In the Manatee County School Board District 2 non-partisan primary, Dave “Watchdog” Miner will take office with 48 percent of the vote over challengers William S. Chaltis, Robert Moates and Paul Sharff.

In the District 4 school board race, which includes Anna Maria Elementary School, incumbent Bob Gause took 56 percent of the vote over Linda Schaich with just under 44 percent.

School board members — there are five total — are elected districtwide, but each is assigned to represent schools in a specific geographic area.

In the hotly contested contest for U.S. Senate on the Republican ballot, Connie Mack led the race in Manatee County with 54 percent of the vote and statewide by 58 percent over challengers Mike McCalister, Marielena Stuart and Dave Weldon.

On the Democratic ticket, incumbent U.S. Senator Bill Nelson took 78 percent of the Manatee County vote to Glenn Burkett’s 22 percent. Nelson took approximately 79 percent of the vote statewide.

In a close Republican primary race for state attorney in the 12th Judicial Circuit Court in Manatee County, candidate Ed Brodsky garnered 51.49 percent of the Manatee vote, while Peter Lombardo took 48.5 percent. Voting in Desoto and Sarasota counties in the district resulted in 52 percent for Brodsky. He will face Democratic candidate John Torraco on the general election ballot. State attorney Earl Moreland did not seek re-election.

Another contested race among the Republicans saw former Florida Senator Mike Bennett with 37 percent of the vote for supervisor of elections over Ed Bailey with 29 percent, Cortez resident and former County Commissioner Jane von Hahmann with 27 percent and Richard G. Bedford at 7 percent. The primary winner will face Democratic candidate Charles N. Williams Jr. in November.

In a race almost too close to call for the Board of Manatee County Commissioners District 7 at-large seat, fellow Republican Betsy Benac edged out incumbent Joe McClash. Benac took 50.97 percent of the votes to McClash’s 49.02 percent. A recount is likely. If Benac prevails, she will face write-in candidate Thomas Dell in the general election.

Other contests and amendments will appear on the general election ballot for races that were uncontested by party.

Polls were open from 7 a.m. to 7 p.m. throughout the state Aug. 14, including Manatee County.

On the Island, voters cast ballots at Roser Memorial Community Church in Anna Maria, St. Bernard Catholic and Gloria Dei Lutheran churches in Holmes Beach and Tingley Memorial Library in Bradenton Beach.

The general election, which includes the non-partisan races for Holmes Beach mayor and two commission seats, will take place Nov. 6. Neither Anna Maria nor Bradenton Beach will have a ballot, as no challengers opposed incumbent office holders in the two cities.

Total results for the 113 Manatee County precincts reporting in the 2012 primary as posted on the supervisor of elections website are:

Angelinos Sea Lodge, 103 29th St., Holmes Beach, has 30 days to remove a tree house or submit a modified design and location for the structure that was built on the beachfront without permits — or the state will remove it.

An Aug. 6 letter from James Martinello of the Florida Department of Environment Protection, the regulator of coastal construction, gives notice of the DEP findings to Angelinos owner, Richard Hazen, through his attorney, David Levin of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota.

Martinello wrote that the tree house “may not be exempt from the department’s permitting requirements.”

In addition to any required city building permits, the state requires permits for building seaward of the coastal construction control line to protect the coastal system from structures that can destabilize or destroy the beach and dune system.

According to Martinello, environmental manager of the DEP Division of Water Resource Management Bureau of Beaches and Coastal Systems, “resolution of this enforcement case needs to be completed as soon as possible.

“If Mr. Hazen chooses not to resolve the matter within the time frames provided, the department may take appropriate enforcement action,” including, Martinello wrote, “removal of the tree house structure seaward of the coastal construction control line.”

The August DEP letter follows a series of correspondence with Hazen’s attorney and engineer.

Levin contended in February that the structure constituted no measurable impact on the coastal system because the structure, but for the wooden pilings, was supported by an Australian pine tree.

In April, Martinello responded that the structure is supported by four 12-inch diameter wooden pilings with concrete-type foundations, and invited Levin to submit information from a professional engineer in support of the owner’s position.

Erickson Consulting Engineers Inc. of Sarasota, submitted a report for Hazen in June, stating two of the four pilings were decorative and could be removed. The report also stated the structure constituted a minor activity, exempt from the CCCL permit, because the beach and primary dune are seaward of the structure.

Erickson also reported no adverse or measurable interference to the coastal system will take place, adding the shoreline is planned for renourishment in 2014.

Martinello’s staff reviewed the Erickson engineering report and the case in general and stated the DEP had “significant concerns” about the partially enclosed design, the size of the pilings and concrete footings, as well as the structure’s proximity to the dunes.

The tree house construction first came to light in November 2011 after the city of Holmes Beach was alerted by an anonymous call.

In addition to referring the complaint to the DEP, the city advised Angeliono’s of its engineering and survey requirements if Hazen were to seek permitting from the DEP.

The city’s concerns over the construction relate to the building’s stability, safety and ability to withstand hurricane-force winds, according to David Forbes, city code enforcement officer.

According to building inspector Bob Shaffer, the city has not been contacted by Hazen or his engineers recently. The last contact was a general inquiry in December about city building requirements from professional engineer Charles Sego on behalf of Hazen.

Angelino’s Lodge includes four vacation rentals and, according to Hazen’s wife, Huong Lynn Tran, the tree house was built as a private place to read, write, relax and dine.

When asked for comment, Tran said she and her husband had just received the Aug. 6 letter, and that their attorney was reviewing it. She deferred further comment to Levin, who had not a returned call for comment by press time for The Islander.

Anna Maria commissioners rebuffed a request by the Anna Maria Island Community Center to sublet its lease with the city and allow a portion of the property to accommodate a cell tower.

At the Aug. 9 city meeting, Greg Ross, president of the center’s board of directors, said the center submitted the request to sublet because it thought the city wanted a cell tower on the center’s property because of the limited fall zone conditions at other sites within the city.

The board has selected a company to build a cell tower on the property but, according to city attorney Jim Dye, because the city leases the property to the community center, the board needs commission approval before planning to build a cell tower there.

Ross said the center is trying to become more financially self-sufficient and the monthly revenue from a cell tower would help. The center proposed to share some of the revenue with the city.

Commission Chair Chuck Webb, however, said the center is not a good place for a cell tower and everyone he’s talked to has been “100 percent opposed to revenue sharing.”

Other commissioners agreed, and when Webb asked if any commissioner wanted to make a motion to allow the center to sublet, there was silence.

“There is no motion so the issue dies,” Webb said.

He said any company can apply for a permit to build a cell tower. The lack of a motion to approve or reject subletting some of the property should not be a reflection on whether the city wants a cell tower, he indicated.

Commissioners also discussed the concept of floor- area ratio as a means to control the size of new houses.

City planner Alan Garrett said the idea arose in the 1970s to limit the size of large office buildings.

Under a FAR plan, the municipality determines what the ratio of floor space to lot size should be. Garrett used .3 for his example.

If the city adopts a FAR of .3, then the total living space of a house on a 5,000 square-foot lot would be a maximum of 1,500 square feet, or 30 percent of the lot size.

There was some confusion among board members between FAR limits and lot coverage and, Webb, along with Commissioner Dale Woodland, asked Garrett to prepare a diagram of the two concepts before the next work session.

In other business, the final public hearing of an ordinance to clear up language and ambiguity in a number of other ordinances was again continued because commissioners found more issues.

The ordinance is the result of nearly a year’s worth of meetings by an ordinance review committee composed of Garrett, building official Bob Welch, planning and zoning chair Tom Turner, former P&Z chair Doug Copeland and other city officials. The committee was charged with clarifying language, eliminating ambiguities and loopholes, and revising outdated language and methods in city ordinances, along with establishing lot, yard, bulk and parking requirements in all city districts.

The commission has continued the final public hearing of the ordinance since March.

Commissioners are attempting to ensure the ordinance contains incentives for owners of single-story homes to remodel rather than rebuild to an elevated structure.

Because the ordinance has been continued numerous times, a number of construction projects have been on hold for months, said Ross, who owns Ross Built construction.

He said he has a client who wants to tear down a one-story house and rebuild to two stories of living space over parking, but has been held up by various issues since September 2011.

The commission has an administrative moratorium on demolition of one-story homes while the city develops its historic preservation ordinance.

The public hearing was continued to 6 p.m. Thursday, Aug. 23, at Anna Maria City Hall, 10005 Gulf Drive.

After a re-inspection of a vacation rental at 804 N. Shore Drive, Anna Maria, owned by developer Shawn Kaleta, building official Bob Welch was satisfied the use of the ground level complies with city code.

According to the Federal Emergency Management Agency, elevated homes built since 1974 cannot contain living space on the ground floor. The only allowed ground-floor uses are parking, storage and access.

In June, Welch observed through some windows what he believed to be ground-floor bedrooms while on a routine inspection of swimming pool construction.

Welch sent Kaleta a notice informing him the ground-level appeared to be occupied as living space, and gave Kaleta 30 days to bring the home into compliance.

Kaleta said at that time that Welch was mistaken and there was no living space on the ground floor.

Welch said on his re-inspection, he found only storage and parking space on the ground floor. He also noted Kaleta had withdrawn a permit application for an air-conditioning unit for the ground floor.

“Everything appears to meet the code,” Welch said.

The property was advertised as a four-bedroom, single-family home for $1.1 million when Kaleta purchased it in February.

The house is now listed on the website amibeachesrealestate.com as an eight-bedroom vacation home for $2.2 million.

In examining the original architectural drawings for the home, Welch determined the house was built with four bedrooms, a study, nursery and den. The ground level was indicated as a garage with two storage rooms.

Welch said the upper two levels may have been redesigned to allow eight bedrooms, but the city has no code governing the number of bedrooms for a single-family home.

City commissioners are now discussing how they can limit the number of people allowed at a vacation rental.

No need to stand in lines. No need to fight the back-to-school shoppers. No need to drive to Bradenton to shop.

It’s the one and only chance to cross it all off your list without enduring the hassle of shopping from store to store for school needs.

The Parent Teacher Organization of Anna Maria Elementary School determined the supplies needed for the school’s various grades, purchased them and will offer grade-appropriate packages for sale Aug. 16 at the back-to-school open house.

Notebooks, folders, paper and other grade-specific items will be available to take home 4:30-5:30 p.m. at the kindergarten-second-grade open house, and the 5:30-6:30 p.m. third- through fifth-grade event.

Prices of the packets are $15-$40.

The PTO also will help welcome kindergarten students and their families, as well as families new to the district, on Aug 20, the first day of school.

A volunteer reception and fall festival also are being planned by the PTO, but no dates were set at The Islander’s press time.

At the reception, there will be sign-up sheets offering opportunities for parent and family involvement.

PTO officers have announced the annual fundraiser, the Spring Fling, will be held Feb. 23.

Storm surge sent Gulf of Mexico waters over the nest, taking out location markers put there by volunteers, which made it impossible to relocate the nest.

That is until about 11:30 p.m. Aug. 5, when loggerhead hatchlings broke the surface of the sand. Instead of heading toward the water, however, they scrambled toward Gulf Drive.

AMITW blames ongoing lighting issues on Gulf Drive as the reason for the disorientation.

Sea turtles are guided by their instincts toward the natural sparkle on the Gulf waters after nesting and on hatching from the nest, but manmade lights pose a distraction.

According to AMITW section coordinator Lee Zerkel, excavation of the nest revealed 83 hatched eggs. One dead hatchling was found in the nest and eight were rescued from a stormwater drain near the restaurant on Gulf Drive.

“We don’t know what happened to the rest of them,” said Zerkel. “There was a woman walking the beach that night, who reported the nest had hatched and all the turtles were heading the wrong way.”

The good news is that no other dead hatchlings were found and, as can happen during a disorientation event, no turtles were found smashed on the road.

Staff at the BeachHouse rescued seven hatchlings from the drain following the disorientation and AMITW volunteers later found the eighth in the same drain.

AMITW executive director Suzi Fox blamed street and business lighting on Gulf Drive as the primary culprit for disorientations such as the one that occurred Aug. 5.

“It’s mostly the streetlights that are the problem, and Florida Power & Light should do something about it,” said Fox.

Fox also blamed Oma’s Pizza, across from the BeachHouse Restaurant, for not doing enough to curb its nighttime lighting. She said the BeachHouse does a good job staying in compliance during nesting season.

“But they did want us to take the stakes down after the tropical storm, insisting that the nest was destroyed,” said Fox, who refused to do so.

The nest was located just west of the site of a proposed dune and parking lot. Bradenton Beach commissioners entered into an agreement with the restaurant to move forward with that project in May.

The parking lot project is being challenged in the 12th Judicial Circuit Court by three Bradenton Beach residents, who claim the project violates the city’s comprehensive plan.

Fox objects to the project, and previously informed commissioners the development site is in turtle nesting habitat.

City attorney Ricinda Perry countered Fox’s claims, saying there is no evidence turtles had been nesting in the area and claims the beach is too hard for nesting in that area.

Just days after a contentious city commission meeting, a turtle crawled into the development area, dug a nest and laid her eggs.

Zerkel said it wasn’t the only one.

“A nest hatched a week before this one on the north side of the BeachHouse,” she said. “The nest was missed by our walkers because she had crawled all the way on top of that 5-foot dune to lay her eggs.”

Zerkel said that nest suffered mass casualties from disorientation.

“This section of Gulf Drive is a problem area on the island with lighting causing disorientation,” said Fox. “The woman who saw the nest hatch told us she tried to guide the hatchlings to the sea, but it didn’t matter. You can put a turtle in the water, but it will crawl right back out if it sees that kind of light.”

AMITW is hopeful that the BeachHouse hatchlings either found their way to the Gulf or perhaps even made it all the way across the road and down the street to Sarasota Bay — if that’s the direction they headed.

“But I’m not holding my breath,” said Fox. “We have about 50 hatchlings that are unaccounted for, and I’m not holding out a lot of hope for them.”

Fox said the good news is that no one should say never when it comes to a nest that is presumed destroyed.

“We still have 60 other nests that are presumed lost that we hope to see hatch,” she said. “And the nests we relocated to Coquina Beach after the storm are beginning to hatch, so it’s still a great year for nesting.”

And nesting continues, Fox said, although the number of females coming ashore to lay eggs is dwindling, as hatching begins in earnest.

Fox said there is no excuse to not comply with lighting regulations during nesting season. AMITW is considering using signs to place on businesses and homes to indicate they are not in compliance of regulations.

“The solution to end disorientation events is simple,” said Fox. “Everyone just needs to do what they are supposed to do. FP&L needs to take care of these streetlights, and local businesses need to come into compliance.”

The disorientation events on Gulf Drive have been documented and submitted to the city of Bradenton Beach by AMITW.

Fox is hopeful that code enforcement officers will get involved and cite business owners who fail to comply with lighting regulations.

Plans to rebrand Manatee County as a tourist destination and change the name of the convention center from the Manatee Convention Center to the Bradenton Area Convention Center will be discussed at the 9 a.m. Aug. 20 meeting of the Manatee County Tourism Development Council at Holmes Beach City Hall.

But Islanders can relax. There are no plans to change the destination brand of Anna Maria Island as old-Florida — or “real Florida,” as TDC member David Teitelbaum likes to say.

Carol Whitmore, who serves as the TDC chairperson, said the rebranding is for the benefit of Manatee County and the convention center.

“When you look up Manatee County on the Internet, you didn’t find any information on tourism,” she said.

The idea of rebranding is to get people who don’t know about Manatee County to find it easier on the Web and learn about activities in the area.

It also is for visitors who already know about the island to learn about other attractions and to introduce trade shows and organizations to Manatee County, Whitmore said.

Under a master plan, a major hotel would be built adjacent to the convention center to handle large numbers of guests.

In addition, the rebranding is to highlight the sporting opportunities in the area.

A recent rowing event drew more than 10,000 people for four days to University Park in east Manatee County and the attendees filled the available hotel and motel rooms in the area, Whitmore said.

With a number of soccer fields in east Manatee County, Whitmore said the area should be a perfect draw for a major soccer tournament.

“The whole point of rebranding is not to get away from our island roots, but to show visitors there are other attractions in our area,” she said.

With a first-class hotel, easy Web access and a marketing team targeting convention and sporting events, rebranding can show the world there is more than a beach in the area.

“The island is the engine that drives our economic machine,” Whitmore said. “We’re just looking at ways to help people find other attractions here and make it easier for people to find us.”

Newly elected TDC member and Holmes Beach Commissioner Jean Peelen said her concerns about rebranding were eased after a briefing from Bradenton Area Convention and Visitors Bureau executive director Elliott Falcione.

The Anna Maria Island Privateers is defending its ownership of Santa’s sleigh against a lawsuit filed in the 12th Judicial Circuit Court.

In the Privateers’ response Aug. 6, the nonprofit’s Sarasota attorney, Amy K. Kenyon, denied the allegations in the lawsuit filed in July by Rick Maddox, which seeks possession of the trailer, valued at $4,500, among other claims.

The Privateers’ response also requested a jury trial and makes counterclaims for attorney’s fees and other relief.

Maddox is a former Privateer, longtime resident of Cortez and former Holmes Beach chief of police.

The Privateers are a nonprofit with a mission to develop, promote and support activities for the community, including an annual scholarship program for local students.

Maddox sued AMIP July 11, alleging theft, trespass and seeking the return a boat trailer he said he modified for use as a float in parades, festivals and other events.

Maddox said he lent the trailer to events, individuals and organizations on a temporary basis, and allowed the Privateers to store the trailer for a short time. He now claims the group failed to return his property.

In its answer to the complaint, AMIP denied Maddox’s allegations and claimed legal ownership of the trailser. They claim it was donated to the crew more than 20 years ago, citing as evidence the sleigh’s registration with the Florida Department of Motor Vehicles.

Also, AMIP contends that Maddox “unreasonably delayed pursuing a right or claim by about 20 years,” and that the theft claim is barred by a five-year statute of limitations. The answer also states there is no criminal intent to support Maddox’s claims.

AMIP filed a counterclaim seeking a jury trial for false statements that damaged the Privateers’ reputation and an injunction to keep Maddox from attending Privateer events.

The counterclaim also contends if the court finds that Maddox is the owner of the sleigh, it should also find the “Privateers have conferred a benefit upon Richard Maddox by storing the sleigh and investing large sums of monies to maintain the sleigh for the various events” and order reimbursement.

Maddox was a member of the Privateers for about six years, and wife Annette Maddox’s current membership is reportedly under suspension.

According to Annette Maddox, she received a suspension letter in April that alleged a conflict of interest with the organization due to threatened litigation by her husband. In an April 19 response to the suspension letter, she disputes the authority of Privateers’ suspension.

AMIP is seeking funds to support its defense, as well as for repairs to the Skullywag, the group’s boat/float, as well as its annual scholarships.

Friends and family of the late Sheena Morris, the Tampa woman who died at the BridgeWalk Resort in Bradenton Beach on New Year’s Day of 2009, wants the Federal Bureau of Investigation to take over the case.

Morris’s mother, Kelly Osborn, demanded at an Aug. 2 city commission meeting that commissioners direct Police Chief Sam Speciale to ask the FBI to investigate the case, which was originally ruled a suicide.

Morris was found hanging from the shower by a dog leash following an argument with her boyfriend, who had reportedly returned to Tampa the previous evening after the argument. Cell phone records indicate the couple texted one another until 4 a.m. on New Year’s Day.

Osborn insists her daughter was murdered and in 2011 hired forensic experts to review her daughter’s case. A medical examiner changed the cause of death from suicide to undetermined based on the opinion that the crime scene could have been staged to look like a suicide.

Speciale said the FBI would not investigate the case, even if it was ruled a homicide. He contacted the Tampa division of the FBI before and after Osborn made her public request, and received a letter dated Aug. 7 from Special Agent Steven Ibison.

“The FBI is authorized to collect intelligence and to conduct investigations to detect, obtain information about, and prevent and protect against federal crimes and threats to national security,” Ibison wrote. “As a component of the Department of Justice, our authorities are directed and controlled by regulations and guidelines issued by the Attorney General of the United States of America.”

Ibison the FBI has “very little authority to assist” in local and state investigations without a federal nexus.

Ibison said the FBI can provide expert assistance, but only when lives of others are directly in danger.

“Currently, the FBI does not have the authority to provide expert personnel to review a death investigation lacking a federal nexus or statutory authority,” Ibison concluded.

Osborn’s public campaign to seek the truth in her daughter’s death led to the Florida Department of Law Enforcement agreeing to review the case.

FDLE arrived in Bradenton Beach last week, but Speciale said it was only an informational meeting.

“FDLE sealed the case file so no one will be able look at the file until their review is completed,” Speciale said. “FDLE is planning on assembling a 15-person board to review this case, but will likely do so in Sebring.”

Speciale said he expects resolution on the case sometime in September.

The chief has stood behind his department’s role in the investigation. Osborn has been critical of the Bradenton Beach Police Department, calling it inept to handle a case of this magnitude.

Osborn has laid blame on BBPD for ruling her daughter’s death a suicide, but Speciale said his detective’s role in the case was that he found no evidence of foul play at the crime scene. Speciale said the Manatee County Sheriff’s Office processed the crime scene and reached the same conclusion, and it was the original medical examiner who ruled the cause of death a suicide.

Speciale said FDLE also has reviewed the case file before and reached the same conclusion again.

Speciale said he has been willing to reopen the case if any credible evidence was presented. Osborn claims to have such evidence, but Speciale said he has not been approached by Osborn with any new evidence in Morris’s death.

An attempt to reach Osborn for comment was unsuccessful by The Islander press time.

Two Holmes Beach men were booked into the Manatee County jail Aug. 3 on charges of felony theft of a firearm after allegedly stealing a 9 mm handgun from Mackinlay’s roommate.

According to a probable cause affidavit, Erik Hall, 24, of 510 67th St., and Jacob Mackinlay, 19, of 400 75th St., were both charged with the theft, but Mackinlay also was booked on several other charges, including felony concealment of a weapon.

The two men went to where Mackinlay was staying on 75th Street. At some point, a roommate observed the two men take the gun and tried to intervene.

According to the police report, Mackinlay assaulted the roommate, who called police after the two men fled the residence.

Officers from the Holmes Beach Police Department made contact with the two men, who allegedly admitted the gun was in Hall’s suitcase.

Hall was charged with theft of a firearm. Macklinlay also was charged with theft of a firearm, but also charged with misdemeanor battery.

According to the report, Mackinlay also smashed the hood of a vehicle owned by the man he assaulted as he left the scene.

Police found a hammer in the vehicle driven by the two men and accused Mackinlay of misdemeanor possession of a burglary tool and criminal mischief.

Both men were booked into jail on $5,000 bond. Mackinlay’s total bond is $7,220. They will be arraigned at 8 a.m. Friday, Aug. 31, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.